Agreement between User and for use of www.zoomonline.in website / Zoomonline platform. / ( Zoom developers Pvt Ltd (ZDPL)

Effective November 1, 2007, the Zoomonline website(s) are offered to you on the condition that you accept without modification the terms, conditions, and notices contained herein. Your use of the Zoomonline website constitutes your agreement to all such terms, conditions, and notices. If you do not agree with any part of the terms, conditions and notices mentioned below, you must not use the services of Zoomonline Additionally, the Zoomonline website may contain terms pertaining to particular features or offers (for example, flights, hotels, packages etc.) In the event that any of the terms, conditions, and notices contained herein conflict with the additional terms or other terms and guidelines contained within Zoomonline website, then these terms shall prevail

In this document, terms that commence with a capital letter are defined in this Section or in the preamble.

• "Content" means the text, documents, information, data, articles, images, photographs, graphics, software, applications, video recordings, audio recordings, sounds, designs, features, and other materials that are available on the Site.
• "Content" also includes Marks and Products and Services.
• "Mark" means trademark, trade name, service mark, trade dress, logo, custom graphics, or icon.
• "Member" means an individual who has registered with the Site. Members choose a Member ID and a password.
• "Member ID" means the e-mail address you use (with your password) to login to our Site.
• "Zoomonline" or "we" means ZDPL, and its subsidiaries and affiliates. "Products and Services" means the airline travel, hotel accommodation, car rental , ground transportation, tours, theater tickets, attractions, travel insurance, care alerts, fare alerts and other items available through the Site.
• "Provider" means ZDPL's licensors, suppliers, information providers, and travel and leisure service providers.
• "Purchase" means to book, reserve, or purchase. The terms "Site", "Marks", "Content" and "Products and Services" do not include the sites, marks, content, products or services that are provided by third parties, and that are available through a link from the Site. Their use is subject to the terms set forth by their respective owners or operations, on the third party's website.

"Site" means the www.Zoomonline.com website, and their respective subsites, together with the respective Content, Marks, Products and Services available from these sites and subsites

While registering for My Account, the user will choose a password and is responsible for maintaining the confidentiality of the password and account. The user is fully responsible for all activities that occur while using their password or account. It is the duty of the user to notify ZDPL   immediately of any unauthorized use of their password or account or any other breach of security. ZDPL   will not be liable for any loss that may be incurred by the user as a result of unauthorized use of their password or account, either with or without their knowledge.

The Zoomonline websites may contain services such as email, information related to various tourist spots, personal web pages, and/or other messages. You agree to use the services only to post, send and receive messages and material that are proper and related to the particular service. By way of example, and not as a limitation, you agree that when using a service, you will not

Violate any of the terms and conditions of the user agreement or any other terms and conditions for the use of Zoomonline websites contained elsewhere herein.

• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
• Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
• Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
• Advertise or offer to sell or buy any goods or services for any business purpose, unless specifically allowed.
• Conduct or forward surveys, contests, pyramid schemes or chain letters.
• Download any file posted by another user that you know, or reasonably should know, cannot be legally distributed in such manner.
• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
• Violate any code of conduct or other guidelines, which may be applicable for or to any particular service.
• The user should take particular care while disclosing any identifying information in any service, which may be identifiable.
• Violate any applicable laws or regulations for the time being in force in or outside India.

Minors (as defined under the laws of jurisdiction or residence) are not eligible to register for use, or purchase products and services available on Zoomonline We do not knowingly collect personal information from any minor and would not use it if it is discovered that it has been provided by a minor.

ZDPL has no obligation to monitor the services. However, ZDPL reserves the right to review materials posted and to remove any materials in its sole discretion. ZDPL reserves the right to terminate the users access to any or all of the services at any time without notice or any reason whatsoever.

ZDPL eserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in ZDPL’s sole discretion.

ZDPL does not control or endorse the content, messages or information found in any service and, therefore, specifically disclaims any liability or responsibility whatsoever with regard to the services and any actions resulting from the users participation in any service.

Materials uploaded to a service may be subject to posted limitations on usage, reproduction and/or dissemination; User is responsible for keeping himself/herself updated of and adhering to such limitations if they download the materials.

ZDPL also reserves the right, in its sole discretion, to terminate the access to any or all ZDPL websites and related services or any portion thereof at any time, without notice.

The user hereby consents, expresses and agrees that he has read and fully understands the Privacy Policy of ZDPL contained in Zoomonline websites and he hereby consents that the terms and contents of such Privacy Policy are acceptable to him

	Availability
	We will use our reasonable commercial efforts to keep our Site available on a 24-hour/7-day-a- week basis, subject to necessary scheduled downtime for maintenance, unscheduled maintenance, and system outages. We cannot promise that access to the Site will be uninterrupted or available at all times. We assume no liability or responsibility for any delay, interruption or downtime.
	Content
	Although ZDPL makes every effort to ensure that the description and content on each page of the site is correct, it does not, however, take responsibility for changes that occur due to human, data entry errors or for any loss or damages suffered by any user due to any information contained herein. Also, ZDPL does not own or operate airlines and other suppliers and cannot therefore control or prevent changes in the published descriptions. ZDPL, therefore, reserves the right to make such changes and in the event of you placing an order with us or choosing to avail of our services, the same will be communicated to you before the confirmation invoice is made
	You should not take any action based on information on this Site until you have received a confirmation of your transaction. We send confirmations within 24 hours of your Purchase. If you have not received a confirmation of your purchase via e-mail, first look into your "spam" or "junk" folder to verify that it has not been misdirected, and if still not found, please contact our customer service department. The Contact Information is provided on our customer service page.
	Viruses
	We make reasonable attempts to exclude viruses from the Site, but cannot ensure that the Site will be at all times free from viruses or other destructive software. You are urged to take appropriate safeguards before downloading information from the Site. We assume no responsibility for any damages to computer equipment or other property that may result from use of the Site or downloading anything from the Site.

	The Zoomonline websites may contain links to other websites. The linked sites are not under the control of ZDPL and hence, ZDPL is not responsible for the content of any linked site, or any changes and updates to a linked site. Zoomonline is providing these links to you only as a convenience, and the inclusion of any link does not entail endorsement by us of the site or any association with its operators or owners
	Inbound Links
	We welcome links from a third party site to the home page of our Site, through a plain text link, provided that
	You give ZDPL prior written notice of such link by contacting ZDPL Customer Service, to request ZDPL's permission to establish the link You discontinue providing a link to our Site if so requested by ZDPL You do not imply in any fashion that ZDPL is endorsing any of your products or service or is affiliated with you You do not present ZDPL in a false light, or provide misleading or false information about ZDPL, or its Site or Services You do not remove or obscure the copyright notices, or other notices on this Site You do not use any Mark of ZDPL; and
	You do not replicate, frame or mirror the content of the Site.
	We reserve the right to require you to remove links to the Site, in our sole discretion. Linking to any page of the Site other than to the homepage is strictly prohibited in the absence of a separate linking agreement with ZDPL
	We reserve the right to require you to remove links to the Site, in our sole discretion. Linking to any page of the Site other than to the homepage is strictly prohibited in the absence of a separate linking agreement with ZDPL
	Liability of ZDPL
	Since ZDPL acts only as a booking agent, it accepts no liability whatsoever for any part of the arrangements between the supplier and the customer with regard to the standard of service. In no circumstances shall ZDPL be liable for the services provided by the supplier/third party.

	Ownership Rights
	This Site is the sole and exclusive property of ZDPL   or its licensors. ZDPL   and its licensors retain all right, title and interest (including all copyright, trademark, patent, trade secrets, and all other intellectual property rights) in the Site. The Site is protected by copyright, trademark, patent, trade secrets, unfair competition, and other laws of worldwide, through the application of local laws or international treaties. Any unauthorized use, reproduction or modification of this Site may violate such laws.
	Trademarks
	Zoomonline and all other Marks that appear, are displayed, or used on the Site are registered or common law trademarks or service marks of ZDPL and its Providers. These Marks may not be copied, downloaded, reproduced, used, modified, or distributed in any way without prior written permission from Zoomonline   or the relevant Provider, except as an integral party of any authorized copy of the Content.

Any communications or materials you transmit to ZDPL, through the Site, by electronic mail or otherwise, including any data, question, comments, rating of a property or attraction, suggestion, idea, or the like ("Communications or Materials") will be treated as non-confidential and non-proprietary. By voluntarily submitting to us, or by posting on the Site any Communications or Materials, you grant ZDPL, and all users of the Site, a worldwide, non-exclusive, royalty free, perpetual, irrevocable, and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from distribute, and display such Communications or Materials in any form, media or technology. We assume no responsibility for any Communications or Materials posted or submitted, or for the return or such Communications or Materials. We want your feedback and appreciate your ideas and suggestions, but we are unable to answer every comment individually.

ZDPL reserves the right to charge transaction fees based on certain completed transactions using its services. The user shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of the services. ZDPL further reserves the right to alter any and all fees from time to time, without notice.

ZDPL and its Providers make no warranty of any kind regarding the Site, Content, Products or Services, all of which are provided on an "as is" basis. ZDPL and its Providers expressly disclaim any representation or warranty that the Site will be free from errors, viruses or other harmful components, that communications to or from the Site will be secure and not intercepted, that the Services and other capabilities offered from the Site will be uninterrupted, or that its Content will be accurate, complete or timely. The fact that Zoomonline is including or offering any Product or Service on the Site is not an endorsement or a recommendation of the Product or Service

Other than those warranties which, under the laws applicable to these terms, are implied by laws, and are incapable of exclusion, restriction or modification, ZDPL and its providers expressly disclaim all warranties and conditions, including implied warranties and conditions of merchantability, fitness for a particular purpose, title, non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade

Subject to applicable law, use of this Site and its Content is at your sole risk. Services and Products made available on this Site are subject to conditions imposed by the Providers, including but not limited to tariffs, conditions of carriage, international conventions and arrangements, and federal government regulations. Providers who furnish products or services through this Site are independent contractors, and not agents or employees of ZDPL. In no event will ZDPL or its providers be liable to any party for any direct, indirect, special or other consequential damages for any use of this site, any hyper linked web site, the acts or omissions of providers who furnish products or services through this site, or the products or services offered by providers through this site, including, without limitation, whether based in contract, tort, negligence, strict liability or otherwise, that arises out of or is in any way connected with(i) any use of, browsing or downloading of any part of our site or content, (ii) any failure or delay (including without limitation the use of or inability to use any component of this site for reservations or ticketing), or (iii) the performance or non performance by us or any provider, or (iv) any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, even if Zoomonline and the provider(s) have been advised of the possibility of damages to such parties or any other party.

If, despite the limitation above, ZDPL or a Provider is found liable for any loss or damage which arises out of or is in any way connected with any of the occurrences described in the limitation above, then Zoomonline and the Providers' liability will in no event exceed, in total, the sum of Rs. 5,000.

The user agrees to indemnify, defend and hold harmless ZDPL and/or its affiliates, partner websites and their respective lawful successors and assigns from and against any and all losses, liabilities, claims, damages, costs and expenses (including reasonable legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by ZDPL and/or its affiliates, partner websites and their respective lawful successors and assigns that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by the User pursuant to this agreement.

Reservations, bookings, and purchases you agree to abide by the terms and conditions of purchase imposed by any supplier with whom you elect to deal. A supplier that is an air carrier is required to make available to the public the terms of its contract of carriage, and we make available the fare rules for all air carrier tickets before purchase

The circumvention of an air carrier's rules, including practices such as back-to-back ticketing (purchasing two or more tickets with overlapping travel dates in order to circumvent minimum stay requirements) and hidden-city ticketing (purchasing tickets including segments which the purchaser does not intend to use in order to circumvent an air carrier's pricing structure), is prohibited by many air carriers. The use of prohibited ticketing practices may result in the air carrier taking actions including the cancellation of the ticket, denied boarding, revocation of frequent flier miles and other benefits, additional charges to the purchaser's credit card, additional charges collected at the airport, or future invoicing.

You are responsible for ensuring that your purchases abide by the terms and conditions of purchase imposed by any supplier with whom you elect to deal, including terms and conditions of purchase set forth in an air carrier's fare rules or contract of carriage.

If any dispute arises between you and ZDPL during your use of the Site or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the Terms and Conditions, the dispute shall be referred to a sole arbitrator who shall be an independent and neutral third party identified by ZDPL. The place of arbitration shall be Mumbai. The arbitration proceedings shall be in the English language. The Terms and Conditions shall be governed and construed in accordance with the laws of India.

ZDPL is not responsible for any errors, omissions or descriptions on any of its pages or on any links or on any of the linked website pages. The users are requested to verify the accuracy of all information before undertaking any reliance on such information.

The linked sites are not under the control of ZDPL and ZDPL is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Zoomonline is providing these links to the users only as a convenience, and the inclusion of any link does not imply endorsement of the site by ZDPL

In case of any dispute between user and ZDPL pertaining to the validity, interpretation, implementation or alleged breach of any provision of the Terms and Conditions, the dispute shall be referred to a sole arbitrator who shall be an independent and neutral third party identified by ZDPL. The place of arbitration shall be Ahmedabad and the arbitration proceedings shall be in the English language. The Terms and Conditions shall be governed and construed in accordance with the laws of India

If the user does not agree with any of the disclaimers above, they are advised not to read the material on any of the Zoomonline pages or otherwise use any of the contents, pages, information or any other material contained on the Zoomonline websites. The user expressly agrees that use of the services is at their sole risk. The services are provided on an "as is" and "as available" basis. Zoomonline holds the sole discretion to change the features or functionality of the services at any time.

The information, software, products, and services included in or available through the Zoomonline websites may include inaccuracies or typographical errors. Changes are/may be periodically made/added to the information herein. Zoomonline may make improvements and/or changes in the Zoomonline websites at any time without any notice to the user. Any advice received except through an authorised representative of ZDPL via the Zoomonline websites should not be relied upon for any assessments.

The maximum liability on part of ZDPL arising under any circumstances, with respect to any services offered on the site, shall be limited to the refund of total amount received from the customer for availing the services less any cancellation, refund or other charges, as may be applicable. In no case shall the liability include any consequential loss, damage or additional expense whatsoever

In no event shall ZDPL and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Zoomonline website(s). Neither shall ZDPL be responsible for the delay or inability to use the Zoomonline websites or services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Zoomonline website(s), or otherwise arising out of the use of the Zoomonline website(s), whether based on contract, tort, negligence, strict liability or otherwise. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the use of the service is done entirely at their own discretion and risk and they will be solely responsible for any damage that results from the download of such material and/or data.

»	Prior Terms and Conditions
	These Terms supersede any prior Zoomonline Terms and Conditions relating to the use of the Site that were displayed on this Site before the date stated above. Unless specifically provided, they do not supersede the Additional Terms for carriage, awards, attractions provided elsewhere in this Site.
	Modifications of Terms of Use
	ZDPL has the right to change the terms, conditions and notices under which the Zoomonline websites are offered, including but not limited to the charges associated with the use of the Zoomonline website. We request you to regularly review these terms and conditions. ZDPL has endeavored to ensure that all the information on the Zoomonline website is correct, but Zoomonline neither warrants nor makes any representations regarding the accuracy or completeness of any data or information contained. Zoomonline disclaims any liability, responsibility or any other claim, whatsoever, with respect of any loss, whether direct or consequential, to any user or any other person, arising out of or from the use of the information contained in Zoomonline websites.
	Written documents
	You may preserve these Terms in written form by printing them for your records, and you waive any other requirement that these Terms be evidenced by a written document.
	Electronic Notification
	To the extent that we may need to contact you, you agree that we may do so via any electronic means, included but not limited to communication posted on the Site, electronic mail, or instant messaging. ZDPL is responsible only for the transactions that are done by the user through Zoomonline. ZDPL will not be responsible controlling transactions in any way, including whether the transaction is legal and valid as per the laws of the land of the user. The user warrants that they will abide by all such additional procedures and guidelines, as modified from time to time, in connection with the use of the services. The user further warrants that they will comply with all applicable laws and regulations regarding use of the services. In the event that any of the terms, conditions, and notices contained herein conflict with the additional terms or other terms and guidelines contained within any particular Zoomonline website, then these terms shall prevail.
	Contact Information
	If you have any questions or concerns about these Terms or if you need further assistance with respect to access to or use of the Site or the services offered by ZDPL, you may contact our Customer Service department, the information of which is provider in the customer service section of the Site.